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The Auction House Cornette de Saint Cyr
is a voluntary sales company governed
by the law of 10 July 2000. The Auction
House acts as agent for the seller who
enters into a contract for sale with the
purchaser.
The auction sales organised by the Auc-
tion House Cornette de Saint Cyr are he-
reby subject to the following conditions
of sale :
Goods put up for sale
Potential purchasers are invited to exa-
mine the goods that might be of interest
to them during the exhibits which are or-
ganised by the Auction House Cornette
de Saint Cyr before the auctions.
Condition reports may be requested
from the Auction House by letter, tele-
phone or electronic mail. They will be
sent free of charge but are to be used
for information only. The reports will in-
clude the artistic and scientific informa-
tion known to the Auction House at the
date of the sale and the latter will not ac-
cept any responsibility for errors or
omissions.
The descriptions to be found in the ca-
talogue are drawn up by the Auction
House and where applicable by the ex-
pert who assists the former, subject to
notices and corrections given when the
lot is presented and included in the bill
of sale. Sizes, weights and estimates
are given for information purposes only.
The coIours of the works included in the
catalogue may vary due to printing tech-
niques.
The lack of information on the condition
of the goods in the catalogue will by no
means imply that the lot is in a perfect
state of preservation or free from resto-
ration, wear, cracks, relining or other im-
perfection.
The goods are sold in the state they are
found at the time of sale.
As the prior exhibit has enabled potential
purchasers to examine the object, no
claim will be accepted once the hammer
has gone down.
ln the event of a withdrawal of an article
prior to the sale by a depositor and after
the publication of the catalogue or, in
the event of a modification to the mini-
mum price rendering it impossible to
put the article up for sale immediately,
the seller will be obliged to pay the pur-
chaser and seller fees calculated on the
basis of the median estimate stipulated
in the catalogue to the Auction House
Cornette de Saint Cyr by way of com-
pensation. The article which has been
withdrawn will not be returned to the
seller until the aforementioned fees are
paid. If no payment is forthcoming, the
article will be put up for sale once again
in line with the terms of the initial sale
requisition.
Auction sales
The auction sales are carried out in the
order of the catalogue numbers.The bid-
ders are invited to make themselves
known to the Auction House Cornette de
Saint Cyr before the sale to ensure that
their personal details are recorded befo-
rehand.
Bidders are generally present in the
room.
However, any bidder who would like to
place an absentee bid in writing or bid
by telephone may use the form, inten-
ded for this purpose, to be found at the
end of the sale catalogue or on the site
www.cornette.auction.fr. The form
should be sent to the Auction House
Cornette de Saint Cyr together with a
bank identification slip [RIB in France] or
bank details at least two days before the
sale.
The Auction House Cornette de Saint Cyr
will deal with auction sales by telephone
and absentee bids free of charge. In all
cases, the Auction House Cornette de
Saint Cyr cannot be held responsible for
a problem with the telephone link along
with an error or omission in the execu-
tion of the absentee bids received.
ln the event of two identical absentee
bids, preference will be given to the ear-
liest absentee bid. The bidder who is
present in the room shall have priority
over an absentee bid should the two
bids be of equivalent amounts. The suc-
cessful bidder will be deemed to be the
individual who has made the highest
bid. In the event of a double bid which
is confirmed as such by the auctioneer,
the lot will be put up for sale again and
any or all persons present will have the
right to take part in the second sale by
auction.
Payment
Sales are to be paid for in cash and in
euros.
Payment must be paid immediately after
the sale. In the event that the successful
bidder has not given their personal infor-
mation before the sale, they will be re-
quired to provide proof of identity and
bank details.
ln addition to the hammer price, purcha-
sers will be required to pay the folIowing
costs and taxes per lot and per block:
- from 1 to 20 000
€
: 24 % before tax
(28,80 % inclusive of tax except for
books 25,32 % inclusive of tax)
- from 20 001
€
to 600.000
€
: 20% be-
fore tax (24 % inclusive of tax except for
books 21,10% inclusive of tax)
- above 600.001
€
: 12% before tax
(14,40 % inclusive of tax except for
books 12,66% inclusive of tax)
For lots from countries outside the Eu-
ropean Union, import tax will be added
as follows :
For lots with numbers preceded by the
sign: * additional tax at 5,5 % of the
hammer price.
For lots with numbers preceded by the
sign: ** additional tax at 20 %
of the hammer price.
The successful bidder may pay using
one of the following methods:
- in cash within the limits of the legisla-
tion in force.
- by bank transfer.
- by cheque, with the presentation of
identity papers being compulsory.
Cheques drawn on a foreign bank will
only be accepted provided prior consent
is obtained from the Auction House Cor-
nette de Saint Cyr. Purchasers are advi-
sed to provide a letter of credit from
their bank for on amount which is close
to their intended purchase figure.
- by bank card except American Express.
Failure to pay
ln the event of failure to pay the hammer
price and fees, formal notice will be sent
to the purchaser by registered letter with
acknowledgement of receipt. ln the
event of failure to pay at the end of the
deadline of one month after the sending
of the formal notice, the purchaser will
be required to pay an additional fee of 10%
of the hammer price, with a minimum of
250 euros, to cover collection costs.
The fact that this clause is applied will
not hinder the awarding of damages and
costs for the legal proceedings which
will be required, and dœs not exclude
the article being put up for sale again in
a new auction [French procedure called
"folle enchère" - a crazy bid] which is go-
verned by article L 321 -14 of the Com-
mercial Code.
Within the framework of the folle en-
chère procedure, the Auction House he-
reby reserves the right to claim for the
payment of the difference belween the
initial hammer price and the subsequent
hammer price obtained from the folle
enchère procedure, if it is lower, toge-
ther with the costs incurred due to the
second Auction sale from the defaulting
successful bidder.
The Auction House Cornette de Saint
Cyr hereby reserves the right to offset
against the amounts owed to the defaul-
ting successful bidder. Furthermore, the
Auction House Cornette de Saint Cyr he-
reby reserves the right to exclude any or
all successful bidder who has not com-
plied with these conditions of sale from
its future auction sales.
Collection of purchases
No lot will be handed over to the purcha-
sers before all of the amounts owed are
settled.
ln the event of payment with a non-cer-
tified cheque or by bank transfer, deli-
very of the articles may be differed until
receipt of the amounts owed. As soon
as the auction sale is concluded, the ar-
ticles will be placed under the purcha-
ser's full responsibility.
With regard to the collection of lots
which have not been taken on the date
of sale, you are advised to contact the
Auction House Cornette de Saint Cyr be-
forehand on +33 (0)1 47 27 11 24.
An appointment can be made to collect
small paintings and objects of art at 46
avenue Kléber, 75116 Paris, from Mon-
day to Friday from 9.00 a.m. to 1.00 p.m.
and from 2.00 p.m. to 6.00 p.m. (5.00
p.m. on Fridays). Fifteen days of free sto-
rage is offered. Thereafter, it will be in-
voiced at 36 euros inclusive of tax per
month and per lot, in other words 9
euros inclusive of tax per week and per
lot. If the article is collected after the be-
ginning of the week payment for a full
week will be requested.
Furniture and generally speaking any
bulky articles are kept at our partner’s
warehouse. Storage costs are to be paid
by the purchaser and will be invoiced di-
rectly by our partners to the purchaser
and in line with the tariffs in force. The
Auction House will not be responsible
for the storage of articles.
Transport of the lots is to be carried out
at the successful bidder's expense and
under their full responsibility.
Export
The export of the works of art conside-
red as “cultural goods” must be autho-
rized by the Ministry for the Arts (see
article L 111-2 of the Patrimony Code).
The export in a country of the European
Union requires a
certificate of export
is-
sued by the Ministry of the Arts in a
delay that can take 4 months.
This certificate could be asked by the
Auction House on behalf of the buyer
after the sale.
The export in a country out of the Euro-
pean Union requires a
certificate of ex-
port
, more an
export licence
and a
customs declaration
.
In this case, the buyer has to pass
through a transit company in order to
ask for these export authorizations.
The Ministry of the Arts issues or re-
fuses the certificate of export in a maxi-
mum delay of 4 months and the licence
export need two weeks more to be ob-
tained.
The documents required must be pre-
sented to the customs officers.
The law punishes of penalties the person
who exports or tries to export a cultural
good without the authorizations required
(see article L 114-1 of the Patrimony
Code).
The works of art are considered as cul-
tural goods according to their age (gene-
rally from 50 years) and their value (price
with taxes included) which varies by ca-
tegories (
€
150 000 or more for pain-
tings,
€
15 000 or more for prints…).
These thresholds are set by the decree
n° 93-124 of the 29th January 1993 and
by the European Regulation of the 18th
December 2008 (n° 116/2009).
The Auction House can not be responsi-
ble for the delay or the refusal of export
certificate from the Ministry for the Arts.
Governing law and jurisdiction
These conditions of sale are governed
by French low. Any or all dispute relating
to the wording, validity and performance
will be settled by the court or competent
jurisdiction in Paris.
Hammer prices can be found on the in-
ternet site www.cornette-saintcyr.com
or upon request at the following tele-
phone number +33 (0) 1 47 27 11 24.
Conditions of sale
78